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(영문) 울산지방법원 2016.05.10 2015고정1443
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant joined Internet web site case disks (www: / www.co.k.) as a member, and ID: B, and ID: A person using C.

No person shall infringe any author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, on April 2013, the Defendant displayed and distributed “F”, a copyrighted work of his/her literary work, without obtaining permission for use from E, the copyright holder, at the residence of the Defendant, Jung-gu, Ulsan-gu, U.S. D. D. 302.

From around that time to May 2013, the Defendant displayed and distributed 17 victims and 21 infringing works in the same manner, such as the content of the list of crimes in attached Form 1.

Accordingly, the defendant infringed the victims' property rights.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each complaint and each written statement;

1. A photograph of each closure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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